← Library
Madras High CourtCMP/23988/2019ordered

C.Dheena @ Dinesh v. The Managing Director

2019-11-13Honourable Mr Justice R.Subbiah,Honourable Mrs Justice T. Krishnavalli2 pages

C.M.P.No.23988 of 2019 in C.M.A.Sr.No.138721 of 2019 C.M.P.No.23988 of 2019 in C.M.A.Sr.No.138721 of 2019 R.SUBBIAH, J and T.KRISHNAVALLI, J [Order of the Court was made by R.SUBBIAH, J ] This Petition has been filed to permit the petitioner to pay a sum of Rs.4,935/- as Court fee instead of Rs.24,935/- and exempt from payment of Rs.20,000/-, balance Court fee, till the disposal of the above Appeal.

2. On 08.07.2015 at about 23.45 hours, while petitioner was in the center median removing the party flags, a bus bearing Registration No.TN-25-N-0085 belonging to respondent Corporation came in a rash and negligent manner, dashed against the petitioner, owing to which he sustained grievous injuries. Petitioner filed M.C.O.P.No.942 of 2016 on the file of MACT/Principal Special Judge, Special Court, Chennai, seeking compensation. Tribunal, under order dated 12.11.2018, awarded a sum of Rs.4,44,000/- towards compensation. Aggrieved by the same, the present Appeal has been filed seeking enhancement of compensation.

3. It is the case of petitioner that the respondent transport corporation has not deposited any amount till date and he is unable to pay the Court fee payable for entertaining the Civil Miscellaneous Appeal. Petitioner is now ready and willing to pay a sum of Rs.4,935/- as Court fee and also undertakes to pay the balance http://www.judis.nic.in 1/2

C.M.P.No.23988 of 2019 in C.M.A.Sr.No.138721 of 2019 R.SUBBIAH, J and T.KRISHNAVALLI, J sum of Rs.20,000/- immediately after disposal of the present Civil Miscellaneous Appeal.

4. Having regard to the above facts, petitioner is permitted to pay the Court fee of Rs.4,935/- instead of Rs.24,935/-. However, it is made clear that as and when the Appeal is disposed of, petitioner has to pay the balance Court fee payable by him.

5. This Civil Miscellaneous Petition, accordingly, is ordered. Registry is directed to number the Appeal, if it is otherwise in order. [R.P.S., J] [T.K., J] 13.11.2019 gm C.M.P.No.23988 of 2019 in C.M.A.Sr.No.138721 of 2019 http://www.judis.nic.in 2/2